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CR.MA/14198/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14198 of 2010
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KANUBHAI
JAGJIVANBHAI GANDHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
Mr.
Hardik Raval for HL PATEL ADVOCATES
for Applicant
Mr.
Kartik Pandya, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/12/2010
ORAL
ORDER
Heard
learned Advocate for the applicant and the learned APP for the
respondent-State.
Learned counsel for the applicant submits that the role attributed to the applicant in the alleged crime is to the extent that he was present as one of the persons in the mob. He further submits that the applicant has roots in the society, will not flee from justice and will cooperate with the investigation as and when called for. In view of the above, the applicant may be granted anticipatory bail.
Considering the submissions made by the learned advocate for the applicant and perusing the materials on record and the nature of allegations levelled against the applicant, this application for grant of anticipatory bail deserves to be granted.
The parties do not press for further reasoned order.
In the event of the arrest of the applicant in connection with the first information report registered at C.R.No.I-138 of 2010 of Valia Police Station, Bharuch, for the offences punishable under Sections 143, 147, 148, 149, 395, 337, 435, 427 of the Indian Penal Code, he shall be released on bail on his executing a bond of Rs.5000/=(Rupees five thousand only) with one surety of the like amount, by the concerned Police Officer and on conditions that he shall;
[a] remain present before the trial Court regularly as and when directed on dates fixed;
[b] report at Police Station on 07.12.2010 between 9 a.m. and 2 p.m.
[c] make himself available for interrogation by the police officer whenever and wherever required.
[d] not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
[e] not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police.
[f] at the time of execution of bond furnish the address to the Investigating Officer and the Courts concerned and shall not change his residence till the final disposal of the case or till further orders;
[g] not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;
It would be open to the investigating officer to file an application for remand if he considers it proper and the learned Magistrate would decide it on merits.
This order will hold good if the applicant is arrested at any time within 90 days from today. The order for release on bail will remain operative only for a period of ten days from the date of his arrest. Thereafter, it will be open to the applicant to make a fresh application for being enlarged on bail in usual course, which, when it comes before the Competent Court, will be disposed of in accordance with law, having regard to all the attendant circumstances and the material available at the relevant time, uninfluenced by the fact
that anticipatory bail was granted by this Court to the
applicant.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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